'Crime Against Society At Large': Madras HC Directs State To Detain Temple Land Encroachers Under Goondas Act

The Madras High Court on Wednesday directed the Hindu Religious and Charitable Endowments Department (HR&CE) to issue a public notification stipulating that all encroachers of temple properties across the State must voluntarily surrender the lands within which failing which criminal proceedings would be initiated against them. The Court also ordered the State authorities to constitute a special cell to retrieve the encroached temple properties.

Justice SM Subramaniam emphasised that in some extreme cases the stringent Goondas Act can also be invoked against persons involved in such encroachment activities with respect to temple properties in Tamil Nadu.

"In extreme cases, the provisions of the Goondas Act is to be invoked by the Police based on the facts to facts basis. In such circumstances, the respondents shall not hesitate to invoke the provisions of the Goondas Act against such professional land grabbers and persons involved in encroachment and illegal activities in respect of the temple properties at large for personal and unjust gains," the Court stated.

The directions were passed while partially allowing a petition to quash the suspension order and enquiries initiated against a trustee of the Sri Audikesava Perumal Peyalwar Devasthanam Temple over alleged encroachment and mismanagement during his tenure.

The HR&CE Department in August 2021 had passed an interim order suspending five trustees including the petitioner which the petitioner had sought to quash. The petitioner further apprised the Court that the interim order against the four other trustees had already been stayed by another Bench.

As a result, the Court dismissed the interim order of suspension against the petitioner but clarified that the authorities must continue with the enquiry.

"The respondents are directed to appoint an Enquiry officer, not below the rank of the Joint Commissioner of HR & CE Department immediately to conduct an enquiry. The respondents are directed to appoint an Enquiry officer, not below the rank of the Joint Commissioner of HR & CE Department immediately to conduct an enquiry.", the order further directed.

The Court further opined that protection of temple properties is the constitutional duty of the Court and accordingly remarked with regards to the temple in question,

"Sri Audikesava Perumal Peyalwar Devasthanam Temple is an Ancient temple. Many great souls not only constructed the temple, but contributed their hard-earned money for the benefit of the temple. The properties, jewelleries, ornaments etc., are donated to the Deity of the temple for performing services to the temple and to the devotees. Thus, the protection of property belongs to the temple is the constitutional duty of the Courts"

Justice Subramaniam further opined that misappropriation of temple funds was undoubtedly an offence and that such offenders must be prosecuted by the State. It was also observed that illegal encroachment of temple properties was a 'crime against the society at large'.

"Temple properties are allowed to be looted by few greedy men and by few professional criminals and land grabbers. Active or passive contribution and collusion by the officials of the HR & CE Department cannot be overruled. These lapses, negligence, dereliction of duty on the part of such public officials are also to be viewed seriously and all appropriate actions in this regard are highly warranted," the Court stated.

The Court also highlighted that the authorities who were entrusted with the duty to safeguard temple properties have themselves misappropriate properties by setting up false claims of ownership, tenancy or adverse possession.

"This is possible only with the passive or active collusion of the concerned authorities. Such acts of 'fences eating the crops' should be dealt with sternly. The Government, members or trustees of Boards/Trusts, and devotees should be vigilant to prevent any such usurpation or encroachment. It is also the duty of courts to protect and safeguard the properties of religious and charitable institutions from wrongful claims or misappropriation," the Court said.

Directions Issued

Considering that the "deity" in a temple is a "minor", the Court has protect the interest of the idol in any litigation, the Court said while passing the following directions. The directions below were addressed to the State Tourism, Culture, Religious Endowments Department, the Commissioner, HR&CE Department, and the Director-General of Police, Tamil Nadu.

• The respondents are directed to effect publication in respect of all the temples across the State of Tamil Nadu widely in the newspapers, calling upon the encroachers / illegal occupants etc., to surrender the possession of all such properties voluntarily before the competent authorities within a stipulated period, failing which, stern actions are directed to be initiated against all such encroachers/ illegal occupants / offenders etc., under the relevant provisions of the Act and Penal laws, how so ever high they are.

• The respondents are directed to constitute a "Special Cell", consisting team of officials with integrity and devotion to duty for the purpose of monitoring the actions initiated for the retrieval of temple properties, funds, jewelleries etc.

• The "Special Cell" constituted in the Head Quarters shall have separate Telephone / Mobile Numbers and such numbers must be displayed in all the temples and in the offices of the HR & CE Department, facilitating the general public / devotees to register their complaint.

• The Director General of Police is directed to provide all the necessary protections to the Government officials and the officials engaged by the HR & CE Department to perform the works, as and when required.

Case Title: NC Sridhar v. The Secretary to Government, Tourism, Culture, Religious Endowments Department

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